TEMPORARY APPOINTMENT AS OFFICERS IN THE ARMY OF THE UNITED STATES OF MEMBERS OF THE ARMY NURSE CORPS AND CERTAIN OTHER FEMALE PERSONS

MAY 25, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. MAY, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. R. 4445]

The Committee on Military Affairs, to whom was referred the bill (H. R. 4445) to authorize temporary appointment as officers in the Army of the United States of members of the Army Nurse Corps, female persons having the necessary qualifications for appointment in such corps, female dietetic and physical-therapy personnel of the Medical Department of the Army (exclusive of students and apprentices), and female persons having the necessary qualifications for appointment in such department as female dietetic or physicaltherapy personnel, and for other purposes, having considered the same, submit the following report thereon, with the recommendation that it do pass with the following amendments:

On page 4, line 5, change the period to a colon and add the following: Provided, That nothing contained in this section shall operate to reduce the retired pay presently received by any nurse, female dietitian, or physical-therapy aide.

After section 7, insert the following, which will become section 8:

SEC. 8. Women appointed in the Army Nurse Corps, female dietitians and physical-therapy aides appointed in the Medical Department of the Army under the provisions of the Act of December 22, 1942 (56 Stat. 1072), and women appointed from civilian life under the provisions of section 1 of this Act shall receive for travel performed under competent orders from home to first duty station the mileage allowance provided for persons appointed as officers under the joint resolution of September 22, 1941 (55 Stat. 728). This section shall be applicable with respect to travel performed on or after December 22, 1942.

GENERAL COMMENT

The general purpose of the bill is to authorize the temporary ap pointment in the Army of the United States pursuant to the provisions of the joint resolution of September 22, 1941 (55 Stat. 728), as amended by the act of July 7, 1943, of members of the Army Nurse Corps and certain other female persons mentioned in the title of the bill. Persons appointed under the provisions of the bill and their dependents and beneficiaries would have all the rights, privileges, and benefits accorded in like cases to other persons appointed under the joint resolution of September 22, 1941, except where otherwise expressly provided in the proposed measure.

Under present law, members of the Army Nurse Corps, dietitians, or physical-therapy personnel are not commissioned officers but are appointed in the Army of the United States with relative rank. They are not entitled, as are temporary commissioned officers, to increased subsistence, rental, and travel allowances for dependents; increase in pay from the first to the second pay period (increase in base pay from $1,800 to $2,000) after 5 years' service and other similar increases after 10, 17, 23, and 30 years' service; or retirement pay for disability incurred in line of duty computed on the basis of the individual's higher temporary base pay. The bill, if enacted, will correct those conditions.

In its report in opposition to H. R. 3761, the War Department stated that it would favor the enactment of legislation in harmony with the provisions of H. R. 4445. War Department witnesses appeared before the committee and testified in favor of H. R. 4445.

EXPLANATION OF THE BILL BY SECTIONS

Section 1 authorizes the President, during the present emergency, to appoint members of the Army Nurse Corps, female dietetic and physical-thereapy personnel of the Medical Department of the Army (except students and apprentices) appointed under the provisions of the act of December 22, 1942 (56 Stat. 1072), and civilian female persons eligible for appointment in the named corps or for appointment in the Medical Department of the Army and female dietetic and physical-therapy personnel under the provisions of such act, as officers in the Army of the United States under the provisions of the joint resolution of September 22, 1941 (55 Stat. 728), as amended, in the grades therein prescribed and to assign such appointees to the Army Nurse Corps and the Medical Department of the Army, respectively. The persons so appointed would have authority in and about military hospitals with respect to medical and sanitary matters and all other work within the scope of their professional duties next after officers of the Medical Department and would exercise command only over those members of the Army of the United States specifically placed under their command. An appointment of a member of the Army Nurse Corps as an officer under this section would not vacate her existing appointment in the Army Nurse Corps.

and

Section 2 provides that persons appointed under section 1 and their dependents and beneficiaries shall have all the rights, privileges, benefits accorded in like cases to other persons appointed under the joint resolution of September 22, 1941, as amended, except where

otherwise expressly provided in the proposed bill or any subsequently enacted legislation. The effect of this section will be to give persons so appointed under section 1 the rights, privileges, and benefits comparable to those received by officers of the Women's Army Corps.

Section 3 will not, generally speaking, affect the existing retirement systems applicable to members of the Army Nurse Corps. Members of the Army Nurse Corps who are appointed as officers will remain eligible for retirement under such systems and, in addition, all other persons appointed as officers under section 1 similarly will be eligible for retirement thereunder. Moreover, this section will not affect the existing method of computing the pay to which any member of the Army Nurse Corps is entitled upon retirement for age or years of service. This section provides further that any person appointed under section 1 who, while serving under such appointment, is retired for disability will be entitled to retired pay at the rate of 75 percent of the active duty base and longevity pay received by her while serving in the highest grade in which she served under any such appointment, thus permitting a more liberal method of computation than is used in cases of retirement for disability under existing law. It authorizes a possible increase of the amount of retired pay of any member of the Army Nurse Corps retired for disability between December 7, 1941, and the date of enactment of the proposed bill and of any female dietitian or physical-therapy aide so retired between January 12, 1943, and the date of enactment of the proposed bill. The proviso added by your committee precludes the possibility of a reduction in the retired pay presently received by any nurse, female dietitian, or physical-therapy aide.

Section 4 authorizes, in computing years of service for all purposes of members of the Army Nurse Corps appointed as officers under the bill, the crediting of active service in the Army Nurse Corps and Navy Nurse Corps, active service as a contract nurse prior to February 2, 1901, and service rendered pursuant to an appointment under the proposed bill.

Section 5 authorizes, in computing years of service for all purposes for female dietetic and physical-therapy personnel appointed as officers under section 1, the crediting of all active full-time service (except as a student or apprentice) in the dietetic or physical-therapy categories rendered subsequent to April 6, 1917, as a civilian employee of the War Department, service rendered pursuant to an appointment as a female dietitian or physical-therapy aide under the provisions of the act of December 22, 1942, and service rendered pursuant to an appointment under the proposed bill.

Section 6 provides that no uniform allowance will be payable to any woman appointed under section 1 who is a member of the Army Nurse Corps or who has previously held an appointment as a female dietitian or physical-therapy aide under the provisions of the act of December 22, 1942. However, any such woman who, either as a member of the Army Nurse Corps or as a dietitian or physicaltherapy aide, has not received a complete issue of uniforms and equipment may be issued the remainder of such articles, and any such woman who has before the enactment of the proposed measure or may thereafter receive such complete issue, or any part thereof, may retain such articles as her personal property. This section does not

preclude the payment of a uniform allowance to all appointees under section 1 who are not within the excluded classes mentioned therein. Section 7 authorizes the President to appoint, in commissioned grades, corresponding to the relative ranks held by such personnel on the effective date of appointment, all or any part of the persons eligible to appointment under section 1 who are on active duty on the date of enactment of the measure by means of a blanket order without specifying the names of the personnel appointed. Any person so appointed would be deemed for all purposes to have accepted such appointment upon the effective date of the blanket order unless she shall expressly decline and will be entitled from that date to the pay and allowances of the commissioned grade to which she was so appointed. No person so appointed under such blanket order who, upon receiving a prior appointment in the Army of the United States, subscribed to the oath of office required by section 1757, Revised Statutes, will be required to renew such oath or take a new oath upon her appointment as a commissioned officer if her service in the Army of the United States after taking such oath has been continuous.

Section 8, which was added by your committee, would authorize women appointed in the Army Nurse Corps, female dietitians or physical-therapy aides appointed in the Medical Department of the Army under the provisions of the act of December 22, 1942, and women appointed from civilian life under the provisions of section 1, to receive the mileage allowance provided for persons appointed as officers under the joint resolution of September 22, 1941, for travel performed under competent orders from home to first duty station. This section would be retroactive to and including December 22, 1942, and would validate payments heretofore made to such persons since that date which were otherwise properly made.

The War Department letter on H. R. 3761 follows.

Hon. ANDREW J. MAY,

WAR DEPARTMENT, Washington, D. C., March 21, 1944.

Chairman, Committee on Military Affairs,

House of Representatives.

DEAR MR. MAY: The War Department has given consideration to H. R. 3761 (78th Cong.), a bill to provide for full military rank for members of the Army Nurse Corps, dietitians, and physical-therapy aides, and for other purposes.

The general purpose of this bill is to amend the National Defense Act and other provisions of existing law so as to give commissioned status to members of the Army Nurse Corps, female dietitians, and female physical-therapy aides and to make applicable to such persons, with certain exceptions, all provisions of law with respect to commissioned officers of the Army including those provisions of law conferring tights, privileges, immunities, and benefits upon commissioned personnel, their dependents and beneficiaries.

The first section of the act of December 22, 1942 (Public Law 828, 77th Cong.), provides that "during the present war and for six months thereafter, the members of the Army Nurse Corps shall have relative rank and receive pay and money allowances for subsistence and rental of quarters, and mileage and other travel allowances, as now or hereafter provided by law, for commissioned officers, without dependents, of the Regular Army in the sixth to the first pay periods, respectively." Section 2 of that act contains similar provisions with respect to female dietitians and physical-therapy personnel (exclusive of students and apprentices). Army Regulations (par. 7c, Changes No. 2, AR 600-15, December 19, 1941, dated March 16, 1943) prescribe that Army nurses and Medical Department dietitians and physical-therapy aides will have the same rank, precedence, rights, and privileges as commissioned officers of corresponding grades.

The War Department would favor legislation to give members of the Army Nurse Corps, female dietitians, and female physical-therapy aide personnel, for